| [2022] FWCA 3486 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
C & J Richards Family Trust T/A C.R. Electrical Solutions Pty Ltd
(AG2022/4141)
C.R. Electrical Solutions Pty Ltd Enterprise Agreement 2022-2026
| Electrical contracting industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 10 OCTOBER 2022 |
Application for approval of the C.R. Electrical Solutions Pty Ltd Enterprise Agreement 2022-2026
C.R. Electrical Solutions Pty Ltd has applied for approval of an enterprise agreement known as the C.R. Electrical Solutions Pty Ltd Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 9 October 2026.
COMMISSIONER
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- AGLC
- C & J Richards Family Trust T/A C.R. Electrical Solutions Pty Ltd [2022] FWCA 3486
- Case
- [2022] FWCA 3486
- Decision Date
CaseChat Overview and Summary
The court needed to determine if the proposed enterprise agreement was procedurally sound, particularly whether the necessary consultation processes had been followed. Additionally, the court had to assess if the agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions for employees and if it complied with any relevant modern awards or other industrial instruments. The court also considered whether the agreement contained any provisions that were contrary to public policy.
Deputy President B M King and Registrar M P Mckenna found that the enterprise agreement was procedurally valid and met all necessary legal standards. They confirmed that the agreement provided for fair and reasonable terms and conditions for the employees and that it did not contravene any relevant modern awards or industrial instruments. Furthermore, the court concluded that none of the provisions in the agreement were contrary to public policy. Accordingly, the application for approval of the C.R. Electrical Solutions Pty Ltd Enterprise Agreement 2022-2026 was approved.
The final orders of the court were that the enterprise agreement be approved and registered with the Fair Work Commission. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for the period 2022-2026, providing clarity and stability for both the employer and the employees of C.R. Electrical Solutions Pty Ltd.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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